Question 1

Any Supreme Court bench can overrule a previous judgment if it finds it to be legally flawed.

Accepted Answer

A Supreme Court judgment can only be overruled by a bench comprising a larger number of judges than the bench that delivered the original verdict. A 9-judge bench is required to reconsider the 7-judge Bangalore Water Supply verdict.

Question 2

If Parliament passes a bill to amend a law, it immediately overrides judicial interpretations.

Accepted Answer

A bill passed by Parliament requires Presidential assent and subsequent notification in the Official Gazette by the executive to come into force. The 1982 amendment to the Industrial Disputes Act was never notified, leaving the 1978 judicial interpretation as the law of the land.

Question 3

Consider the following statements regarding the definition of 'Industry' in Indian labor law:
1. The 'triple test' to determine an industry was laid down by a five-judge bench in the State of UP v. Jai Bir Singh case.
2. Article 145(3) of the Constitution mandates a minimum of five judges to decide a substantial question of law regarding constitutional interpretation.
3. The definition of 'industry' is provided under Section 2(j) of the Industrial Disputes Act, 1947.
How many of the above statements are correct?

Accepted Answer

(b) Only two — Statement 1 is incorrect because the 'triple test' was laid down by a seven-judge bench in the 1978 Bangalore Water Supply case (State of UP v. Jai Bir Singh was the 2005 case that referred it to a larger bench). Statements 2 and 3 are correct.

Question 4

Match List I (Legal Cases/Provisions) with List II (Significance):
List I:
A. Bangalore Water Supply Case (1978)
B. State of UP v. Jai Bir Singh (2005)
C. Article 145(3)
D. Section 2(j) of IDA, 1947

List II:
1. Mandates minimum bench strength for constitutional questions
2. Statutory definition of Industry
3. Established the Triple Test
4. Referred the Triple Test to a larger bench for reconsideration

Accepted Answer

(a) A-3, B-4, C-1, D-2 — The 1978 Bangalore Water Supply case established the Triple Test (A-3). The 2005 Jai Bir Singh case referred this to a larger bench (B-4). Article 145(3) deals with the minimum of five judges for Constitution Benches (C-1). Section 2(j) contains the definition of 'industry' (D-2).

Question 5

Assertion (A): The 1978 Bangalore Water Supply judgment brought hospitals, educational institutions, and charitable organizations within the ambit of the Industrial Disputes Act.
Reason (R): The judgment established that a profit motive is an essential pre-requisite for an entity to be classified as an industry.
Select the correct answer from the codes given below:

Accepted Answer

(c) A is true but R is false. — Assertion (A) is true as the 1978 judgment expansively included these entities. Reason (R) is false because the 'triple test' specifically rendered the profit motive irrelevant, which is exactly why non-profits and charities were included under the definition of an industry.

SC Refers Industry Definition to 9-Judge Bench

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